Legislation & Regulation
Legislative and Regulatory Update
April 2019 by Scott Harn
• Bishop and Curtis seek to rein in Antiquities Act abuses
Congressmen Rob Bishop (R-UT) and John Curtis (R-UT) introduced HR 1664, a bill that would set limits on the use of the Antiquities Act to create national monuments.
The bill would require review under the National Environmental Policy Act (NEPA) for a proposed monument between 640 acres and 10,000 acres. An environmental assessment would also be required for proposed monuments between 5,000 and 10,000 acres. Congressional approval would be required for larger proposed monuments.
It’s unclear whether this bill has the necessary support to pass in the House.
• Lands bill signed by President Trump
Senator Mike Lee (R-UT) made a valiant attempt to stop S 47, a huge public lands bill that included permanent funding for the Land and Water Conservation Fund (LWCF), but his effort ultimately failed and the bill passed.
Senator Lee had introduced an amendment to remove the permanent funding, but both Democrats and Republicans joined forces to shoot down his amendment. The reason we—and miners in general—were against the bill is because LWCF funds are used to place additional public lands off-limits regardless of whether or not a mineral survey has been completed.
Senator Lee is all too familar with federal land grabs in Utah; he fought to have the size of national monuments reduced in his state when former President Obama used the Antiquities Act to expand them against the wishes of local legislators.
President Trump really did not have a choice but to sign it after it passed with a veto-proof majority. The bill passed the Senate 92-8, with the following Senators voting against it: Cruz (R-TX), Inhofe (R-OK), Johnson (R-WI), Landford (R-OK), Lee (R-UT), Paul (R-KY), Sasse (R-NE), Toomey (R-PA). A House version passed 363-62.
Trip to “The Swamp” on Behalf of Small Miners
Besides the EPA issue, our major priority is to work on the proposed amendment to the National Strategic and Critical Minerals Production Act (S 145), a bill proposed in the Senate by US Senator Dean Heller (R-Nevada).
Legislative and Regulatory Update
- Bernhardt confirmed
- State of Montana to appeal Rock Creek decision
MMAC Update
In May 2017, the district participated in a meeting with representatives from several state and federal agencies where they educated agency officials about the authority of Mining Districts, Mining Law and miner’s rights.
What Is Incidental Fallback?
Legislative and Regulatory Update
• PLP continues the fight for miners' rights
• Oregon miners fight back
• Bills address strategic minerals
Because I Said So
Like all federal judges, he swore an oath to perform his duties “impartially… under the Constitution and laws of the U.S.” Nothing in those documents gives Judge Morris authority to order the BLM to work with non-government organizations (the same ones that filed the lawsuit in question) to alter America’s use of energy.
Legislative and Regulatory Update
- DOI to address threatened species
- 141 Confirmations still pending
- California withdrawals canceled
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